By Okoi Obono-Obla
THE National Security Act, of 2004, establishes three agencies and saddles them each with the responsibility of the conduct of relevant aspects of national security and related matters.
These agencies are:
(i) The Defence Military Intelligence (DMI);
(ii) The National Intelligence Agency (NIA);
(iii) State Security Service (SSS).
The Defence Military Intelligence:
The Defence Military Intelligence shall be charged with responsibility for:
(a) the prevention and detection of the crime of a military nature against the security of Nigeria;
(b) the protection and preservation of all military classified matters concerning the security of Nigeria, both within and outside Nigeria;
(c) such other responsibilities affecting defence intelligence of a military nature, both within and outside Nigeria, as the President, or the Chief of Defence Staff, as the case may be, may deem necessary.
The National Intelligence Agency:
The National Intelligence Agency shall be charged with:
(a) the general maintenance of the security of Nigeria outside Nigeria, concerning matters that are not related to military issues; and
6(b) such other responsibilities affecting national intelligence outside Nigeria as the National Defence Councilor, the President, as the case may be, may deem necessary.
The State Security Service:
The State Security Service shall be charged with responsibility for –
(a) the prevention and detection within Nigeria of any crime against the internal security of Nigeria;
(b) the protection and preservation of all non-military classified matters concerning
the internal security of Nigeria; and
(c) such other responsibilities affecting internal security within Nigeria as the National Assembly or the President, as the case may be, may deem necessary.
Appointment of National Coordinator on Security:
Section 4 of the National Securities Act vest on the President the power to appoint a Coordinator on national security to coordinate the intelligence activities of these agencies above.
The Coordinator shall be a principal staff in the office of the President. The Duties of the Coordinator on National Security include:
(a) advising the President on matters concerning the intelligence activities of the
agencies;
(b) making recommendations about the activities of the agencies to the President, as contingencies may warrant;
(c) correlating and evaluating intelligence reports relating to the national security and providing the appropriate dissemination of such intelligence within the government, using existing facilities as the President may direct;
(d) determining the number and level of staff to be employed by each agency established under Section I of this Act and organising the transfer and posting of staff, especially the transfer, and posting of existing staff of the Nigerian Security Organisation established under the Nigerian Security Organisation Act.
Recently President Bola Ahmed Tinubu appointed Malam Nuhu Ribadu as Special Adviser on Security.
This has triggered a flurry of controversies and endless hypotheses because Nigerians are more familiar with the office of the National Security Adviser than a Special Adviser on Security.
Also, undoubtedly the 1999 Constitution contemplates National Security Adviser.
Section 25 (g), Schedule 111, Part 1(K) to the 1999 Constitution stipulates that the National Security Adviser is a part of the National Security Council.
Indeed the National Security Council is one of the National Executive Bodies created by Section 153 (1) (k) of the 1999 Constitution. This means that the National Security Adviser is contemplated by the Constitution and he must be appointed by the President.
To add to the confusion, the National Security Act does not talk about a National Security Adviser but a Coordinator of National Security. Is the Coordinator of National Security the same as National Security Adviser?
I have read the National Security Act which stipulates that the President shall appoint a National Coordinator on security but that did not happen in the circumstances of this appointment.
The legislature of the National Security Act failed to define who a Coordinator on National Security is. We cannot, therefore fill that gap by assuming that the Coordinator on National Security mentioned by the National Security Act is the same as the National Security Adviser contemplated by the Terrorism (Prevention and Prohibition) Act and the 1999 Constitution.
Does the National Security Adviser mentioned by both the Constitution and Terrorism (Prevention and Prohibition) Act tantamount to the Special Adviser appointed by President Bola Ahmed Tinubu?
I do not think so.
Although the Constitution confers on the President the power to appoint a Special Adviser on any matter to whom he can assign any responsibility, the fact that it has expressly mentioned the office of National Security Adviser means that such an adviser is in different status from other advisers mentioned in the Constitution.
It is instructive to note Section 315 (5) (c) of the Constitution asserts the invalidation of anything concerning the National Security Act in the Constitution. It, therefore, elevates the National Security Act to legislation with constitutional flavour.
Is the National Security Act, therefore, on the same pedestal in the hierarchy of laws as the Constitution?
- Okoi Obono-Obla is a lawyer and public affairs commentator.
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